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HomeMy WebLinkAbout1989-11-01 adj160 November 1, 1989 (Afternoon Adjourned Meeting) (Page 1) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on November 1, 1989, at 1:30 P.M., Meeting Room #7, County Office Building, 401McIntire Road, Charlottesville, Virginia. The meeting was adjourned from October 18, 1989. BOARD MEMBERS PRESENT: Mr. Edward H. Bain, Jr., Mr. F. R. Bowie, Mrs. Patricia H. Cooke, Messrs. C. Timothy Lindstrom (arrived at 1:37 P.M.), Walter F. Perkins and Peter T. Way. BOARD MEMBERS ABSENT: None. OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; and Mr. George R. St. John, County Attorney. Agenda Item No. 1. Call to Order. The meeting was called to order at 1:35 P.M. by the Chairman, Mr. Way. Not Docketed: Mr. Way said he had prepared a draft letter regarding the search for a new President for the University of Virginia for the Board's review. He would be sure the Board members received a copy before this meeting concluded. Mrs. Cooke said the University of Virginia would be holding a public hearing on the selection of the new president. Mr. Way asked Mr. Agnor to be sure the Board to appear before that committee in the Spring. Agenda Item No. 2. Nancy O'Brien: Update from Planning District Commis- sion on Legislative Issues. Mrs. O'Brien briefed the Board on the Planning District Commissions draft statement for the legislators to determine if these statements are consistent with the County's goals. She wanted to know if there are items the Board objects to or any additions the Board would like to make. She said that Mrs. Martha Hogshire was with her today and would be working at the Legislature again this year summer. Mrs. O'Brien said the Planning District Commission considers the needs of the local government and the needs of the regi6n as a whole when its legisla- tive agenda is adopted. Therefore, she said the draft statement before the Board today is very general in nature. The draft statements are as follows: FINANCES To provide counties with the same taxing iand borrowing powers as cities currently have (Grayson Commission). Eliminates needs for meals and lodging tax legislation. To provide local governments' funds and/or taxing power for their infrastructure needs. To expand revenue powers by adding the following: Legislative Programs) (VACO and VML Regional 1/2 percent sales tax for cooperative efforts (must be statewide, not local option) Regional gasoline tax Permanent distribution of state recordation tax to localities (five year sunset from 7/1/89 - ) To provide full funding for all state mandates. To provide local governments with a share 'of lottery funds for their capital improvement programs. 161 November 1, 1989 (Afternoon Adjourned Meeting) (Page 2) To provide for local flexibility of real estate tax collection, so that the long term home owners are not driven from their primary homes due to rapid inflation (real estate study, legislation). To provide assurance to local governments that VRSR benefits and contributions are not substantially changed for their employees in light of Davis v. Michigan and any future cases. To provide local governments with enabling legislation to require those delinquent in payment of taxes to pay court cost. To provide authorizing legislation for local governments to require all tangible personal property tax to be paid as a condition to issuing a motor vehicle decal. INCENTIVES FOR REGIONAL COOPERATION: (GRAYSON) State assumption of full costs of state mandated services for mental health, social services, and health (disCussed by Grayson Commission, not pursued due to cost, $1.162 million). To allow towns to access additional sources of revenue. To support the financing of the local government advisory council which would serve as an information clearinghouse, a forum for discus- sion, a research agency, a provider of technical assistance, and an advocate for intergovernmental interests. GROWTH MANAGEMENT AND PLANNING To provide for enabling legislation which allows for the use of growth management tools in all localities such as transfer development rights and impact fees. Note: Impact fees probably won't be introduced in 1990 because at present you can only use one or the other. Northern Virginia working to clear up confusion over last year's. Consider for 1991. To provide for the maintenance of local integrity within the planning process and the siting of public facilities. To insure local planning remains importa~ in the relationship with state planning efforts. WASTE MANAGEMENT To provide funds for upgrading of landfills to legislated standards. To provide funding for state and federal mandated qualities of stan- dards for solid waste and clean water management. To provide support legislation establishing a container deposit on bottles. To provide legislation prohibiting the use of certain nonbiodegradable containers. To provide legislation which requires industries to report to the localities the volume of solid waste which they are making available for recycling. To request the state ensure participation in solid waste management programs by its own agencies. To request the state to take an active role in developing markets for recyclables. To request state institute incentives to encourage source reduction by industry. 162 November 1, 1989 (Afternoon Adjourned Meeting) (Page 3) EDUCATION To require "efficiency in education" to take into account extenuating local circumstances brought about by demographics of population in locality. To support/not support a Constitutional amendment to require binding arbitration for teachers. To provide funding for standards of quality. To limit child care licensing so as not to include public schools and recreation departments. HOUSING To provide opportunities for local initiatives for affordable housing. CORRECTIONS To provide adequate state facilities for state felons in order to relieve local jails. TRANSPORTATION To provide funding for regional transportation planning and for local transportation needs. LICENSING To continue to exempt local government employees who are architects, engineers and land surveyors from licensing requirements. The following changes were suggested by the Board in their discussion of the draft statement: Under INCENTIVES FOR REGIONAL COOPERATION~ Mr. Way asked for an explana- tion of the second item, "to allow towns to access additional sources of reve- nue''. Mrs. O'Brien said that she would research that statement and let the Board know. Mr. Bowie said he felt that the last item under the same heading, "To support the financing of the local government Advisory council which would serve as an information clearinghouse, a forum~for discussion, a research agency, a provider of technical assistance, and an advocate for intergovern- mental interests." is something already in exiptence. He said he did not think another coordinating agency should be crgated, but that there should be more support for those already in existence. Mr. Bain said that without knowing the parameters of this advisory council, he would agree with Mr. Bowie. Mr. Lindstrom said he would much rathe~ see authority given to locally constituted regional.planning bodies. The consensus of the Board was to delete this statement. Ii Under GROWTH MANAGEMENT AND PLANNING, the!third item, "To insure local planning remains important in the relationship with state planning efforts.", Mr. Lindstrom said there should be more requirements for state agencies to comply with locally adopted and implemented plans. Mr. Way suggested that this statement be reworded to strongly emphasize that there should be more requirements for state agencies to comply with~!locally adopted plans. Mrs. Cooke agreed that the message has to be loud and clear and given over and over again. Mrs. O'Brien noted that the written wo~d is invaluable to Mrs. Hogshire in passing on information to legislators. Mrs. O'Brien said there is a concern that there may be a move to restrict local government's ability to change zoning and the requirements within zones, if a property owner has held property for a certain period of time. She said this has grown out of a Northern Virginia issue where a use within a zoning category was eliminated. She suggested that the Board agree to putting in a statement that would be specific enough to protect the integrity of local planning. Mr. Lindstrom said a top priority should be opposition to possible 163 November 1, 1989 (Afternoon Adjourned Meeting) (Page 4) legislation which would be attempting to vest rights in zoning without any other action than having owned land for a certain period of time. Under WASTE MANAGEMENT, the seventh item, "To request the state to take - an active role in developing markets for recyclables.", Mr. Bowie thought the statement should say that the state will actually develop markets for recyclables. Mrs. Cooke asked if the issue of toxic waste disposal comes under this heading. Mrs. O'Brien indicated that the Planning District Commission had not addressed that issue, but something could be included if the Board desired. Mrs. Cooke said there seems to be a monopoly on disposal of toxic waste, and the cost is phenomenal. She felt it should be addressed somehow. Mrs. O'Brien said this concern could be passed to Delegate Pullen who seems to be working primarily on toxic waste issues. Mr. Bowie said toxic waste includes various things that every household in the County contains, such as leftover paint, and there should be some convenient way to dispose of those items. Mrs. O'Brien said she would also try to obtain a listing of providers of this service. Under EDUCATION, the Board clarified that it does not support the second item which is a Constitutional amendment to require binding arbitration for teachers. Mr. Way said he is opposed to the principle itself and does not want to allow for even at"crack in the door". Mr. Bain and Mr. Bowie con- curred with his view. Concerning the last item under EDUCATION, Mr. Way inquired whether this meant that schools would be exempt from licensing requirements. He said he is against any exemption and feels that every requirement should be applicable to them as well as any other child care facility.. Mrs. O'Brien said that in some situations where schools were providing after school care, the buildings were not considered safe, and that did not make much sense to her. Mr. Way said that just because the buildings are safe it does not mean that their minds are safe. It depends on what is being taught he feels. Mrs. O'Brien said she believes this is strictly addressing things like sprinkler systems, or square footage requirements, for example. It would not be addressing educational material or content. Mrs. Cooke said she did .not think that they could be separated; each is equally important. She said she agrees with Mr. Way that the emotional stability of those who are conducting these programs and what is being fed into a child's mind is far more important than the physical build- ing. Mrs. O'Brien said she thought this was speaking primarily of sprinkler systems. Mr. Bowie said, in that case, it should be reworded to clearly refer to sprinklers or other physical aspects of the,~building. Mr. Lindstrom said this discussion raisesiii~the question of what is fair competition. Adding on child care to the public school is a new feature. He said if these things are required from privateiproviders, is it fair to exempt public providers? He said this would be putting private providers at a great disadvantage and result in no competition for Public providers. That is directly related to the physical standards. He said he is reluctant to carve out a special niche for public involvement in ~rivate enterprise. Mrs. Cooke said the same principle applies on the state level as well. Mr. Lindstrom said he is not sure how he feels about the whole issue, but he does want the Board to think about the effects. Mr. Bowie s~id he would support removing this item from the statement. Ms. Roxanne Whi~e, Administrative Assistant to the County Executive, pointed out that one reason this issue has been raised is because after school programs are not eligible for any state-supported day care money without state certification. Any s~holarships given to low income children cannot be used by facilities that are l~not certified. Mr. Bowie said the third item, "To provid~ funding for standards of quality.", should be reworded to refine standards of quality and include funding. He said currently the standards of quality are low, and he does not think the majority of school divisions can actually operate on those stan- dards. While the state claims to fund their s~iandards of quality, no educa- tion system can exist on those funds. He said !~the state absolutely does not fund the true cost of its mandates. Mr. Bowie ~said this is a two pronged issue. One is that the state does not fund th~ programs it requires, and the other is that its requirements for standards o~ quality need to be revised. 164 November 1, 1989 (Afternoon Adjourned Meeting) (Page 5) Under TRANSPORTATION, Mr. Lindstrom said an item should be added to the effect that VDoT should be required to consider the land use impact of the design and location of its projects before proceeding with them. Mr. Lindstrom said in every cormnunity that he has spoken with, both private and public sectors have expressed the unanimous sentiment that VDoT is out of control. There was no disagreement from the Board members. There were no other questions from Boards members regarding the legisla- tive statements. Mr. Way thanked Mrs. O'Brien and Mrs. Hogshire for their time. He also invited Mrs. Hogshire to be present on December 13 when the Board meets with legislative representatives to discuss legislative issues relating to Albemarle County. Agenda Item No. 3. Report from Audit committee. (Delete from agenda.) Agenda Item No. 4. Personnel Policies: Work Session. Dr. Carole Hastings, Director of Personnel, said the draft of the pro- posed personnel policies distributed to the Board represented any changes recommended at the previous meeting on this subject. She said the Board had requested the cost of the proposed retirement=bonus versus what would have been paid for accumulated sick leave at $25 per day for people leaving County employment last year. She reported that approximately $10,500 has been paid during 1988/89 to employees leaving the Count~ for accumulated sick leave. She said that there was one retiree last year!who was paid $2,500 for accumu- lated sick leave. Under the proposed retirement bonus, that person would have been paid a $5,000 retirement bonus. Dr. Hastings said the sick leave payment ~ould continue for employees who had been "grandfathered". That practice would cease for new employees, and the new policy of paying a retirement bonus only would be instituted. Dr. Hastings reported that the School Board strongly supports the retire- ment bonus rather than paying $25 per day for unused sick leave. She said she had discussed the difference in the accumulation factor between the School Division presently having one and one-quarter days and local government having one day. She said the School Board proposed the adoption of the retirement bonus and ceasing payment for sick leave by the Board, and the School Board would change to one day per month sick leave and phase out the one and one- quarter days policy. Thus, commonality would 6e achieved on those issues. At this time, Dr. Hastings presented new policies and policies having changes in them with an explanation of each. She said the new policy on Outside Employment, P-33, exempts elected officials. Mr. Bowie asked what the status is of the School Board with regard to this policy. Dr. Hastings said the policy should have said "salaried board officials" so the school board would be included. ~ Under P-34, Harassment, Dr. Hastings pointed out that the phrase, "and the public" was added as suggested. Dr. Hastings noted that the School Board had suggested a change to delete the referencei~to a minor offense so the impression would not be given that this would Rot be a serious offense. The new policy regarding Sexual Harassment, P-35, had a change in a title from "Procedures for Sexual Harassment" to "PrOcedures for Compliance". P-41, Advanced Study, had no changes made~ but the Board had indicated they would like to discuss this policy further. It provides for a stipend for people who have a degree related to their work~over and above the required degree to obtain the job. Dr. Hastings said this would affect approximately nine employees at a maximum in local government. Stipends are currently being paid in the School Division. Mr. Bowie said he could see the advantages. Mr. Bain said in reality, this does not seem to mean a large amount of dollars. Mr. Agnor said there is a tremendous emphasis on training in the employment world. That coupled with the County's desire to improve the level of educa- tion of its staff, make this policy an importan~ one. Mr. Way said this policy would stand as it is unless there is a motion for change, and he would support a motion to change it. In response to !a question from Mr. Perkins, Dr. Hastings reported that about 55 percent, o~ about 370, of the teachers November 1, 1989 (Afternoon Adjourned Meeting) (Page 6) 16B have advanced degrees. Mr. Perkins said that is the problem he has with this policy. It was set up to recognize teachers who had advanced degrees because they were not recognized under the old system. Now, with the career ladder policy, they are recognized for advanced degrees. Dr. Hastings said with the - career ladder, a minimal degree requirement does not give a stipend. A degree over and above the minimal requirement would get the stipend, and that is being proposed for local government as well. She said this policy would not be out of line with the career ladder. Mr. Bowie said since any vote on this policy would apply to general government, he would not make a motion. There being no motion offered, P-41 was not changed. The next policy discussed was P-64, Retirement Pay/Payment Upon Death. Dr. Hastings said this would replace the current method of paying employees $25 per day for unused sick leave when they leave employment with the County with a $200 per year for each year of service to the County up to a maximum payment for 25 years of service. The maximum payment would be $5,000. The School Board was supportive of this policy and felt it would provide an incentive for employees to stay with the County until retirement. Mr. Agnor said sick leave is essentially short term disability insurance. It is not meant to be an earned credit that can be cashed in when an employee leaves. Mr. Perkins asked what the incentive would be now for employees to build up sick leave. Dr. Hastings said the new policy on acceptable attendance will be a guideline by which supervisors are required to assess employees. The incentive will be through a management process rather than relying on employ- ees not to use sick leave, which Dr. Hastings said has not been effective. Mr. Bain asked if, in reality, the attendance policy would function as it should. Mr. Agnor said it would because this !policy will require that during performance evaluation of employees the frequency of absences be evaluated. Dr. Hastings said a notable exception in the evaluation process has been that attendance is not considered. She said that has been because of the unpopu- larity of attendance evaluation with teachers.!'~ The acceptable attendance policy will be for all employees. ~{ Hearing general approval of this policy, iMr. Way moved on to the next policy, i~ Dr. Hastings pointed out that P-02 had a i~hange in Definition of Employee Status to include Salaried Board Member as another employment class under permanent employment. Also, under Extent of Participation in Benefits, Salaried Board Members are included. ~- Policy P-24 had a change in Procedure fori'Recruitment and Selection of Personnel in the paragraph on promotions and transfers. A sentence was added to say that a reorganization occurring within a department that does not create a vacancy may be advertised internally.~ There was no comment by the Board on this policy change. Dr. Hastings said that Item 20, Indebtedness to the County was added to P-25, Standards of Conduct. Dr. Hastings said that Indebtedness to the County had been in a separate policy, but the Board requested that it be an item listed in the examples of unacceptable conduct. Mr. Bowie suggested that Item 20 should refer to the policy containing the definition of indebtedness. Regarding P-27, Conflict of Interest, Dr. Hastings said the Board had requested a paragraph giving the Board's policy. Otherwise, no changes had been made to this policy. For P-29, County Vehicle Usage Policy, Drl Hastings said the Board had requested a paragraph stating the Board's philosophy and emphasizing that violations of this policy are considered seriods. Mr. Bowie asked if this policy applies to the School Division. Dr. Hastings said the policy would be exactly the same, except that the Superintendedt would give advance approval. Dr. Hastings said a sentence had been added under temporary assignment regard- ing necessary approvals. Mr. Bowie asked what the rationale had be~n for taking out the section on disciplinary action. Dr. Hastings said that the policy had required the loss 166 November 1, 1989 (Afternoon Adjourned Meeting) (Page 7) of the vehicle for a second offense. She said that police officers, for example, could not work if the vehicle was taken. Therefore, the policy had contained disciplinary action that was inappropriate. Instead, abuse of county vehicle use is listed under unacceptable conduct, and it is specified - in this policy that violations will be handled through normal disciplinary channels. Disciplinary actions are identified in a separate policy. Mr. Perkins suggested that paragraph B under Procedure for County Vehicle Usage Policy be changed to delete any reference to county vehicles being furnished for after hours use. He said it wodld be best for the County to reimburse employees in those cases. Mr. Agno= said occasionally it is a necessity for a County vehicle to be used whe~ a family has only one car. Mr. Lindstrom suggested that possibly an exceptio~ for special circumstances should be included. Dr. Hastings said she could delete the reference Mr. Perkins had suggested and add a sentence that ia County vehicle may be fur- nished under special circumstances with the a~proval of the Department Head. Dr. Hastings said that P-60, Salary Administration and Position Classifi- cation, contained a wording change only. The 'word "high" was changed to "higher" in paragraph K. For P-63, Voluntary Early Retirement Incentive Plan, the Board had asked that the order of the paragraphs under Item B, Benefits, be changed for clarity. Under P-83, Military Leave, the word "calendar" was added for clarity. There were no other changes to this policy. The last policy, P-85 Sick Leave/Acceptable Attendance, had been changed back to one day per month. The last time the Board discussed it, the accumu- lation was at a rate of one and one-quarter days. The School Board had'agreed to go to one day per month for new employees. Dr. Hastings said these are all the changes discussed at the last meeting. Mr. Bowie said he thought there was a policy which prohibited County employees, including the Board, from making public political statements and taking public positions. Dr. Hastings said that was P-27, under Political ActivitY. Mr. Bowie said there needed to be an exception for the Board and certain others whose job it is to persuade and influence others. Dr. Hastings said a statement that elected officials are exempt from this policy could be added. Mr. Bain said in the same paragraph the word "influence" appears twice. Mr. St. John said if elected officials are exempted from this policy, it will sound like a Board member could deny a zoning application, for example, if someone did not vote for them. He said this policy does not prohibit the Board or anyone else from promoting that individual's political beliefs or promoting candidates of their choice. This policy says that an individual cannot use his office for that purpose. He said including a clause to say that elected officials are exempt from this po%icy will cause misunderstand- ing. Mr. Bowie said the word "coerce" should ~tay in because that is what Mr. St. John just described. However, he said Board members did speak to explain the meals tax, for example, and are using thei~ office to get the media coverage to convince people on a specific position. Mr. St. John said if it is legitimate for Board members to do that, why would it not be legitimate for the County Planner to do that. Mr. Bain said ~he intent is not to make that exception. Since the Board members are County!!employees, this policy as written would prohibit them from speaking to influence anyone. Mr. St. John said he does not consider that making a statement in support of a political candidate is using the office of a Board member. He said using the position would be discharging the duties in a way to enpure the election of a particu- lar candidate. Mr. Bowie said that it should be explained that it is part of the job of elected officials to influence others, rather man saying they are exempt from the policy. 167 November 1, 1989 (Afternoon Adjourned Meeting) (Page 8) Mr. St. John said in the second paragraph it is clear that any employee has a right to seek public office. Then it is stated that an employee has to take leave time to do that. He said it is highly suspect to require an employee to take leave time to run for public office, for example, if he does - all his campaigning on his own time. Mr. Lindstrom suggested that the County Attorney and the Personnel Director discuss this policy together and bring it back to the Board for review. Mr. Bain agreed that this policy has to be reviewed. Dr. Hastings agreed to work with Mr. St. John reviewing the lan- guage on this particular policy. Mr. Way said with the exception of P-27, it appears that it is the Board's desire to approve the remainder of the policies. Motion was immediately offered by Mr. Bowie and seconded by Mr. Bain to adopt the amended personnel policies with the exception of policy P-27. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. (Note: The policies, as adopted, are set out below.) P-O1 EMPLOYEE RELATIONS PRINCIPLES The Board realizes that the strength of Albemarle County Govern- ment depends directly upon the contribution made by every employee in the organization. It knows that high productivity and efficiency result from individual job satisfaction. It is, therefore, the policy to be frank, fair, and honest with personnel and to respect their rights as employees. The Board shall continue to strive to achieve mutual respect in its working relationships. The Board requires that supervisory personnel do all in their power to carry .out such a policy. The Board will maintain a staff of competent employees by follow- ing the best possible screening procedures. The Board will observe and follow the established grievance procedure. The Board will make every effort to maintain reasonable hours of work, good employee benefits, and the best possible working conditions. Through these and other practices the Board will encourage employees to increase their growth and productivity with the organization. Equal employment opportunity will be!a guiding principle by which the Board conducts its business withiemployees. P-02 DEFINITION OF EMPLOYEE STATUS The Board will maintain standard definitions of employment and will classify employees in accordance with these definitions. Procedure for Compliance - Definition of ~mployee Status A. Classified Employee - A classified emPloyee is defined as any employee in a non-teaching position. B. Definitions of Employment - 1. Permanent Employment in an approved budgeted full-time or part-time position which is meant to be part of the regular County work force. November 1, 1989 (Afternoon Adjourned Meeting) (Page 9) 168 Full-time Employment in an established position for not less than 40 hours per normal work week (Saturday at 12:01 A.M. to Friday at midnight) and 52 weeks per fiscal year (July 1 June 30). Part-time - Employment in an established position requiring not less than 20 hours per normal work week and 36 weeks per school year or 52 weeks per fiscal year. Salaried Board Member - Employment as a member of the Board of Supervisors, SchOol Board or Planning Commis- sion which are paid on an annual salary basis. Temporary - Employment in a position established for a specific period of time or for the duration of a specific project or group of assignments (or for less than 20 hours per normal work week). Or, employment as a substitute in the absence of the incumbent in a position classified as Full-time or Part-time for less than three months. Full-time - Employment in a position for not less than 40 hours per normal work week (Saturday at 12:01 A.M. to Friday at midnight). Part-time - Employment in a position requiring less than 40 hours per normal work week. Extent of Participation in Benefits: 1. Full-time: 2. Part-time: 3. Temporary: 4. Salaried Board Member: Participate in all benefit programs. Participate in prorated medical benefit, leave benefits, and applicable retirement and life insurance programs. County employees hired prior to the implementation of this policy (i.e. October, 1985) and who received bene- fits, will not lose such benefits. Participate!!in no benefit programs. Participate;in health and dental insurance programs. Employees entitled to benefits will receive such benefits from the date of employment or whenever such benefits can begin. Ail paperwork for payroll purposes for new employees must be received in Personnel by the 15th of the mont~ in order to be paid by the end of the month. ~ For new employees who begin employment on or prior to the 15th of a month, the County's contribution toward medical insurance may begin the first of the following month. For new employees who begin employment after the 15th of a month, the County's contri- bution toward medical insurance may begin the first of the month following the first full month of employment. In this instance, employees may purchase medical insurance during the first full month of employment by paying for bo~h the employer and employee share of the cost. Medical insurance ceases at the end Of the month for those employees who terminate on or beforelthe fifteenth of the month and at the end of the next full mont~ for those employees who terminate after the fifteenth of the~month. Employees who are married to another county employee will be eligible for two Board contributions toward medical insurance. It is the responsibility of the emplQyee to notify Personnel of this situation and, upon notification, the change in contribution will be made with the next payroll. ~In no event will the County November 1, 1989 (Afternoon Adjourned Meeting) (Page 10) 169 be responsible for retroactive payments to employees who fail to provide this notification. Continuous Service is Defined as - uninterrupted employment while classified as a permanent employee. 1. Continuous service is broken by the following: Termination of employment; or Resignation by the employee; or Absence from work for more than five consecutive working days without prior approval of the supervisor, unless caused by proven illness or injury which renders the employee incapable of working. P-03 GRIEVANCE POLICY AND PROCEDURE Note: This policy remains as set forth in the minutes of October 9, 1985, with the exception of the following changes. Any section containing a change is set forth below in its entirety. Definition of Grievance: A grievance shall be a complaint or dispute relative to an employee's employment involving (but not necessarily limited to): 1. disciplinary actions involving dismissals, demotions and suspensions provided that dismissals shall be grievable whenever resulting from formal discipline or unsatisfactory job performance; 2. concerns regarding the application, meaning or interpreta- tion of personnel policies, procedures, rules and regula- tions; 3. acts of reprisal for using the grievance procedure or of participation in the grievance Of another County employee; and complaints of discrimination on. the basis of race, color, creed, age, handicap, sex, political affiliation, or nation- al origin. Some complaints are not grievable un~er this procedure. They involve: ~ 1. the contents of ordinances, statutes, or established per- sonnel policies, procedures, rules and regulations; 2. work activity accepted by the employee as a condition of employment or work activity which may be reasonably expected to be a part of the job content; establishment and revision of wages or salaries, position classification or general benefits; failure to promote except where~the employee can show established promotional policies or procedures were not followed or applied fairly; ~ the methods, means and personnel by which such work activi- ties are to be carried on; discharge, demotion, or layoff because of lack of work, reduction in work force, or jobliabolition; and dismissal of an appointed department head. Grievance Procedure ~ Any employee wishing to file a grievance shall have the right to follow all the steps of this procedure as'listed below with complete freedom from reprisal. Albemarle County police officers have the right to file a grievance under this procedure or the State Law Enforcement Officers Grievance Procedure, ibut not both. 170 November 1, 1989 (Afternoon Adjourned Meeting) (Page 11) 1. Step I (Supervisory Level) Within 30 calendar days after the occurrence or condition giving rise to the grievance, ~he employee affected may identify the grievance verbally to the employee's immediate supervisor. Within three working days of such presentation, the supervisor shall give his/her response to the employee with respect to the grievance, or shall advise the employee that additional time for such decision is needed, in which case a decision must be given 6he employee within three working days thereafter. If a satisfactory resolution is not reached by this process, the employee shall produce thelgrievance in writing, identi- fying the nature of the grievance and the expected remedy on Grievance Form A. Such writte~ grievance shall be presented to the immediate supervisor and Director of Personnel within three working days of the supervisor's verbal reply. P-04 PERSONNEL RECORDS Note: This policy remains as set forth in the minutes of October 9, 1985, with the exception of Paragraph C which is set forth below in its entirety. C. File Contents P-05 Subsequent to the date of employment, no material derogatory to an employee's conduct, service, character or personality shall be placed in his or her personnel file unless the employee has had an opportunity to review the material. The employee shall be given the opportunity to acknowledge that he or she has reviewed the material by affixing his or her signature. A statement will be included on the document stating, "This signature in no way indicates agreement with the contents of this document but only that I have received a copy of it." If the employee refuses to sign the document, the supervisor shall have someone witness the fact that the document was given to the employee and sign a statement attesting to their witnessing. The document should then be forwarded to the Personnel office. The employee also shall have the right to submit a written answer to such material, and the Personnel Director shall review the answer and shall attach it to the file copy. References, transcripts, placement f~lders and other materials that are received on the basis of plgdged confidentiality as a part of the pre-employment procedure?shall not be considered as part of the file material for purposes of this section and the Review of File Contents section which follows. CRIMINAL CONVICTIONS/MOTOR VEHICL~ VIOLATIONS POLICY Note: This policy remains as set forth in the minutes of October 9, 1985, with the exception of three paragraphs set out below. It is the policy of Albemarle County to seek criminal conviction and Department of Motor Vehicle violation ~information on applicants for all County positions prior to their employment. It is the respon- sibility of the Department of Personnel to determine on a case basis whether or not a convicted offender will ble employed considering the sensitive nature of the affected job, the ~eriousness of the of- lense(s) and the honesty of the applicant {in completing the appli- cation form. Procedure for Compliance Applicants for all positions, including those for transfer, will be advised by a statement on the appl%cation form that they will be required to sign a statement before or at the time an employ- ment offer is made which authorizes Albemarle County to have a 171 November 1, 1989 (Afternoon Adjourned Meeting) (Page 12) criminal conviction and motor vehicle violation investigation performed and that satisfactory outcome of the investigation is a condition of employment. The statement will also indicate that convictions included on the application form will not be used to influence the selection process if the conviction is not considered by Albemarle County management to be related to the duties of the position for which application is made. Applicants who omit convictions from the application form will be denied employment for falsification of the application. P-20 CONDITIONS OF EMPLOYMENT: PERSONNEL FUNDED THROUGH OTHER THAN COUNTY BUDGET Note: This policy remains as set forth in the minutes of October 9, 1985, with the exception of the following paragraph. The Board shall, in all cases, retain control over the employ- ment, fringe benefits and payment of all employees regardless of the source of funding, except where this is superseded by federal or state law. P-21 EQUAL EMPLOYMENT OPPORTUNITY POLICY It shall be the policy of the Board that all persons are entitled to Equal Employment Opportunities and that it does not discriminate against its employees or applicants for employment, because of race, creed, color, national origin, age, sex, handicap, or other non-merit factors provided they are qualified and meet the physical requirements established for the position. The CountYlwill abide by Section 504 of the Handicapped Rehabilitation Act. P-22 EMPLOYEE DISCIPLINE The Board recognizes its continuing ~esponsibility to develop and administer necessary regulations in a fair and consistent manner, and the obligations of all employees to conform with those regulations. The Board seeks to establish and maintain appropriate adminis- trative policies which will provide the most efficient operation of the Albemarle County Government and to provide for proper disciplinary action whenever an employee fails to observe such regulations. Procedure for Enforcement of AdministratiVe Regulations Ao Whenever an employee violates any of~the Board regulations, the employee may be subject to official disciplinary action including discharge. Disciplinary action will be taken in private by the employee's immediate supervisor and will normally be progressive with the seriousness of the infraction: The normal course will be: 2. 3. 4. Oral reprimand Written reprimand Suspension with pay (for investigative purposes) Suspension without pay The County Executive or designee may suspend classified personnel for just cause. Ail pay and benefits may be suspended concurrently if suspension without pay is utilized. 172 November 1, 1989 (Afternoon Adjourned Meeting) (Page 13) 5. Dismissal The County Executive or designee may place on probation and dismiss employees for just cause. An employee who is dismissed may appeal the decision through the Grievance Procedure, except for appointed department heads. Any intentional violation of regulations that may endanger the safety of a fellow employee may be the cause for immediate discharge. De All official written disciplinary action, must be recorded and forwarded to the Personnel Office for inclusion in the employee's personnel file. The department head or designee, has the right to utilize any or all of the preceding steps in the disciplinary process with suspension without pay or dismissal subject to approval by the County Executive or designee. All disciplinary complaints are subject to the approved grievance procedure. P-23 PERFORMANCE REVIEW The Board believes that the primary purpose of a performance review is to inform employees about their level of performance and to offer constructive help as to how they might improve. The Board endorses a regular system of performance reviews and recognizes that this system is designed to: Maintain or improve each employee's job satisfaction by showing an interest in his/her development. Serve as a systematic guide in ~lanning further improvement in job performance. C. Assure a considered opinion of an employee's performance. Assist in determining and recording special talents, skills, and/or deficiencies. Provide an opportunity for each!employee to discuss concerns about his/her job. Assemble data for use as a guide fOr such purposes as wage adjustments, promotions, training opportunities, discipli- nary action, reassignment, and dismissal. Procedure for Compliance for Performance Review Bo Probationary Terms - The probationary term is a six month period of time in which every new employee shall demonstrate his/her ability to perform the job. Police officers who have no previous experience in Virginia law enforcement serve a twelve month probationary period. If this performance is not satisfactory, the employee may be released withoutjfurther obligation. During the probationary period months, the supervisor will meet with the new employee at the end of the third,'and sixth month in order to provide input about the employee's progress. The probationary performance review must be of an overall satisfactory rating for an employee to become a permanent staff member. Each permanent employee shall receiv~ an annual performance review by May 1 of each year unless ~pecific reasons are given to the employee for an extension. The ~erformance review will be conducted by the department head or d~signee. Reviews of per- formance may be conducted on a more fMequent basis when 173 November 1, 1989 (Afternoon Adjourned Meeting) (Page 14) desirable, however, in no case will the review be held less frequently than once a year. Unsatisfactory Evaluation - A classified employee who receives an overall unsatisfactory evaluation will be reevaluated in three months in order to assess progress shown by the employee. An employee who receives two consecutive overall ratings of unsatis- factory may be subject to dismissal. It shall remain the respon- sibility of the department head/designee to point out in writing specific areas of weakness and to suggest constructive ways to improve job performance. Performance reviews will be made on forms provided by the Per- sonnel Office, and a signed copy will be included in the employ- ee's personnel file. A copy will also be given to the employee. P-24 RECRUITMENT AND SELECTION OF PERSONNEL It shall be the policy of the Board to recruit and select the most qualified candidates for positions based upon established cri- teria. Recruitment and selection of personnel will be conducted in an affirmative manner to insure open competition and to yield the best possible candidates for each position. The entire selection process shall be done in a consistent manner in accordance with approved procedures. It will be balanced to provide open competitive entry level opportunities as well as advancement opportunities through promotion. ~ A. Procedure for Recruitment and Selection of Personnel When a vacancy occurs, the department head or designee will be responsible for forwarding a job specification to the Personnel Office which should include the job title and specific requirements for the position. Department heads shall assure Chat all persons involved in interviewing candidates have been trained in the legal aspects of interviewing. B. Recruitment The Director of Personnel shall develop and conduct an active recruitment program desfgned to meet current and projected manpower needs. Recruitment will be tailored to the various classes of positions to be filled and will be directed to all sources likely Go yield qualified candi- dates. o Job Announcement and Publicity - In order to attract an adequate number of candidates for present or anticipated vacancies, the Director of Personnel will issue job an- nouncements and publicize vacancies through such media as is deemed appropriate. Job notices will be clear and readable and include the job title, salary range, minimum qualifica- tion requirements, and other pertinent information. Pub- licity for job vacancies shall be conducted for a sufficient amount of time to insure reasonable opportunity for persons to apply and be considered for employment. Job vacancies shall be formally announced at ~east ten working days prior to the closing date for filing ~pplications. In case of emergency need, exceptions to t~is time limit may be author- ized by the Director of Personngl. Application Form Ail applications for employment shall be made on prescribed forms. Ail applications must be signed and the Director of Personnel may require proof of state- ments made on the applications.' 174 November 1, 1989 (Afternoon Adjourned Meeting) (Page 15) 10. Rejection of Applications - The Director of Personnel may reject any application which indicates that the applicant does not meet the minimum qualifications established for the position. Applications may also be rejected if the appli- cant: Has deliberately falsified his application; or Is physically, mentally, or otherwise unable to perform the duties of the position; or Has established an unsatisfactory employment record of such nature as to demonstrate unsuitability for the position. Whenever an application is rejected for one of the above reasons, notice of such rejection shall be promptly mailed to the applicant, stating the reason for the rejection and his right to appeal the action. Promotions/Transfers may be open to Albemarle County employees who meet prescribed minimum requirements for the position to be advertised. Ail promotions that involve a vacancy or additional positions will be advertised exter- nally and internally. If a reorganization occurs within a department that does not create a vacancy, an internal posting within the department may take place. Internal vacancy announcements shall be~posted within the affected department by the Director of Personnel for a period of one week. Candidates for an internal transfer or promotion will notify the Director of Personnel of their application in writing prior to the posted deadline. In the event that an internal vacancy involves the transfer of an employee from one department to another, both department heads must be in agreement regarding the specific details of the transfer before the transfer is effected. Selection ProcedUre - After th~: closing date for applica- tions has passed, the Director of Personnel will review applications to assure that they meet minimum requirements. Interviews will be conducted from those candidates whose applications have been screened?and recommended by the Personnel Director. Initial i~erviews will be conducted at the department level. The department head will recommend the employment of a finalist t°ilthe Director of Personnel. The department head will forward a list of those persons interviewed, the date, and a brief rationale for their choice of candidate. This should be in writing to the Director of Personnel and forwarded with the files of the applicants. ,, Successful and unsuccessful candidates will be notified. Official notification in writing by the Director of Person- nel shall be the only commitment of employment. The Per- sonnel Action Authorization sig~ed by the Director of Personnel and County Executive or designee must be com- pleted in order to place an employee on the payroll. Employees may be required to present satisfactory evidence of good health to the Personnel Office prior to beginning their employment. To avoid excessive risk exposure, the insurance carrier has requested that the County secur4 driving records from the Department of Motor Vehicles on'all persons where the employee's position requires use of a County vehicle. 175 November 1, 1989 (Afternoon Adjourned Meeting) (Page 16) P-25 STANDARDS OF CONDUCT The Board requires that all of its employees will conduct them- selves in a manner which reflects favorably upon them as a representa- tive of local government. To this end the Board will establish and maintain certain standards of conduct designed to: establish a fair and objective process for correcting and treating unacceptable conduct distinguish between less serious and more serious misconduct and provide timely corrective action The standards of conduct are intended to be illustrative but not all inclusive of the type of conduct expected of local government employees. ~ Procedures for Compliance - Standards of ~Conduct At a minimum the following standards are iexpected of all employees: 1. Timely and Regular Attendance ~ 2. Dependable Application of Time - employees are expected to apply themselves to their assigned duties-during the full schedule for which they are compensated except for reasonable time provided for such things as personal hygiene.~ 3. Satisfactory Work Performance 4. Appropriate attire 5. Courteous and professional behavior toward the public and fellow employees The following are examples of unacceptable conduct: 1. Unsatisfactory attendance, performance or excessive tardiness 2. Abuse of County time such as unauthorized time away from the work area 3. Obscene or abusive language 4. Conviction of a moving violation or ~ailure to notify supervisor of an accident while using a County vehicle 5. Inadequate or unsatisfactory job performance 6. Failure to follow a supervisor's instructions, perform assigned work or comply with established County policy 7. Reporting to work under the influence of alcohol or unlawful use of controlled substances 8. Leaving the work site without permission during work hours 9. Failure to report to work without proper notification 10. Unauthorized use or misuse of local government property or records 11. Violation of safety rules to include!negligent driving of a County vehicle 12. Falsifying any records such as, but not limited to, vouchers, reports, insurance, time records, leave records or other official records 13. Willfully or negligently damaging or defacing records, County property, or employee property · 14. Theft or unauthorzzed removal of County records or property 15. Gambling on County property or durin~ work hours 16. Acts of physical violence or fightin~ on the job 17. Unauthorized possession or use of aldohol, controlled substances, firearms, dangerous weapons or explosives on the job 18. Threatening or coercing employees 19. Criminal convictions for acts of conduct occurring on or off the job which are plainly related to job~performance or of such a nature that to continue the employee~in the assigned position could constitute negligence in regar~ to the County's duty to the public or its employees 20. Indebtedness to the County (refer to iPolicy P-28) 176 November 1, 1989 (Afternoon Adjourned Meeting) (Page 17) Individual departments may have additional standards of conduct as defined by the department head. In all cases, these should be written, approved by the County Executive and shared with the depart- ment's employees. P-26 TERMINATION OF EMPLOYMENT The Board recognizes that termination of employment can be either voluntary or involuntary. In all cases, the procedures used will be of a fair and consistent nature, taking into consideration the reasons for separation. Various Types of Procedures for Termination of Employment Resignation: Voluntary separation from employment on the part of an employee for any reason. An employee shall submit a written resignation to his/her in~nediate supervisor at least two work weeks prior to the effective date. This will be forwarded to the Personnel Director for inclusion in the personnel file. Layoff: Reduction in the work force due to budgetary restric- tions and/or reduced work load. In the case of a layoff, immed- iate supervisors will notify affected employees as far in advance as possible with minimum of two work weeks required. Ce Dismissal: Involuntary separation from employment due to dis- ciplinary infractions or inability to perform the work. In all such cases, it is expected that the department head/designee has thoroughly investigated the incidents leading to the dismissal, documented any action taken, and has applied discipline in a fair and consistent fashion. The department head/designee shall keep the Personnel Director informed of any disciplinary actions in progress. The County Executive or designee may'place on probation and dismiss classified employees for just cause. An employee who is dismissed may appeal the decision through the approved grievance procedure, except for appointed department heads who are subject to dismissal by the Board. De Probationary employees may be released or resign prior to or at the end of their probationary periods without obligation on the part of the employer or employee. The Personnel Director shall initiate the termination report, signed by the County Executive or designee. This form will be the only official notification to remove an employee from the payroll. Every employee who is separating from employment regardless of the length of service, their position or the circumstances of their separation will have the opportunity to participate in an exit interview. The Personnel Director or designee will conduct all exit interviews, normally during the employee's last week of work. Department heads/designees have the responsibility of notifying the Personnel Director as soon as they know an employee is leaving and whether or not County aquipment/materials still need to be returned. All exiting employees must complete various requirements such as continuation of ihealth care, refund of retirement money, return of County keys and materials. The final paycheck will be held in the Personnel Office until such require- ments are met. Employees who are terminating may request that their final paychecks be prepared for their last iday of work. Such requests should be reflected in the resignation letter. The final pay- check shall reflect payments through the last day of work as well as accumulated leave that is due the smployee. 177 November 1, 1989 (Afternoon Adjourned Meeting) (Page 18) P-28 INDEBTEDNESS TO THECOUNTY The Director of Finance is prohibited by law from issuing county checks to anyone owing.money to the County. County employees are therefore expected to pay taxes, licenses, and fees owed to the County on or before their due dates. In the event of delinquency, the Director of Finance will follow procedures of collection required in the State law, which provides for deductions from salaries and liens on estates. (Sections 58.1-3133 and 58.1-3952, Code of Virginia) P-29 COUNTY VEHICLE USAGE POLICY The primary intent of providing vehicles for use by employees is to assist them in carrying out their official responsibilities during normal work hours. While on occasion a County vehicle may be needed for work required at other than normal work hours, such times shall be limited and shall require the advanced approval of the County Execu- tive. Abuses of this policy will be considered serious violations and will be dealt with through the normal disciplinary procedures. Procedure for County Vehicle Usage Policy County owned vehicles are to be furnished for use only on offi- cial County business. While using a County vehicle for official business, employees may stop for meals as they would under normal working conditions. They may not, however, use the County vehicle for such personal business as dropping children at child care, grocery shopping, payment of personal bills, etc. Personnel who are required to perform County business (including meetings) after regular working hours will be reimbursed for any approved use of their personal vehicle for such after hours work in accordance with rates as set forth by the Annual Appropriation Ordinance. In special circumstances approved by the County Executive, County vehicles may be used for County business performed after regular working hourls. Temporary Assignment: County vehicles may be parked at an employee's residence or other prearrRnged location on occasions when the department head determines that the employee has need of a vehicle for County business after normal working hours, when the employee is subject to emergency.:calls after normal working hours, or when the department head determines for some other reason that it would he in the best interest of the County. Such temporary assignments will be approved by the County Executive or Superintendent in conjunction with the department head. D. Permanent Assignment: Employees who are permanently subject to emergency after hours calls (for example Police~Department), with the approval of the department head and County Executive, may be assigned a County vehicle that can be regularly parked at his/her residence or other designated spot. A department head, with the approval of the County Execu- tive, may determine that it is in the best interest of the County for an employee in his/her department to be allowed to regularly park his/her vehicie at his/her residence or other designated spot. County vehicles are to be operated with due regard to safety, traffic laws, courtesy, common sense,, proper maintenance, and in a manner that would reflect proper conduct for a County employee. November 1, 1989 (Afternoon Adjourned Meeting) (Page 19) P-30 CLASSIFIED EMPLOYEE REDUCTION IN FORCE PROCEDURE* Note: This policy remains as set forth in the minutes of October 10, 1984, with the exception of the following footnote at the end of the policy. *Social Services employees are covered under the State's Reduction in Force Policy. 178 P-31 Note: 1988. BLOOD BORNE INFECTIOUS CONDITIONS This policy remains in effect as originally adopted on July 13, P-32 Note: 1988. HAZARD COMMUNICATIONS This policy remains in effect as originally adopted on June 8, P-33 OUTSIDE EMPLOYMENT BY COUNTY EMPLOYEE The State Conflict of Interest Act requires that no employee of a State or local governmental or advisory agency shall accept any busi- ness, professional, or employment opportunity that reasonably tends to influence him/her in the performance of his/her official duties. To facilitate the County's compliance with this regulation, County employees are required to make known to his/her department head any employment that is other than with Albemarle County and to receive the department head's approval to engage in such employment. Albemarle County board members are exempt from the provisions of this policy. P-34 HARASSMENT All employees of Albemarle County shall be tactful in their relationships with their peers and the public and shall treat them with respect and courtesy. Violent, profane, insolent or suggestive language or gestures, or language which is intended to demean a person because of their race, sex or religious affiliation, shall not be expressed. Any instance(s) of verbal or physical harassment will be dealt with through appropriate disciplinary action. Instances of physical or verbal harassment will be treated as a major offense which could result in termination. Complaints may be initiated through the usual chain of command or may be reported directly to the Director Of Personnel. P-35 SEXUAL HARASSMENT Albemarle County is committed tO providing a work environ- ment conducive to the performance of job duties and free from intimidation or coercion in any form. As an employer, Albemarle County is dedicated to stringent policy against discrimination. It is the intent of this policy to further detail a specific form of discrimination; that of harassment on the basis~of sex. Sexual harassment is an unlawful employment practice. Therefore, the practice of sexual harassment is prohibited and employees are required to refrain from conduct which gives rise to allegations of sexual harassment. Behavior that constitutes sexual harassment, as currently defined in guidelines published by the U. S. Equal Employment Opportunity Commission, includes sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: 179 November 1, 1989 (Afternoon Adjourned Meeting) (Page 20) Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting that individual. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or cre- ating an intimidating, hostile or offensive work envi- ronment. Procedures for Compliance: Sexual harassment is a serious offense. As a consequence, any employee who engages in such conduct or encourages such behavior by others shall be subject to corrective action. Depending on the circumstances involved, such disciplinary action may include dismissal. Supervisory personnel have a duty to investigate allegations of sexual harassment and to take immediate and appropriate corrective action. Supervisors who allow sexual harassment to continue or fail to take appropriate corrective action shall be considered a party of the behavior even though they may not behave in such a manner. Such supervisors shall also be subject to corrective action. Depending on the circumstances, such corrective action measures may result in demotion from a supervisory position or dismissal. In an effort to eliminate and avoid sexual harassment, the County will take affirmative steps to sensitize all of its employees to the unlawful nature of sexual harassment and express strong disapproval of such conduct. 2. These steps shall include, but not be limited to: The communication and distribution of this policy to all employees with..the affirmation that it constitutes County policy. Training and education programs shall be developed and implemented to insure that all supervisors and' employees clearly understand that sexual harass- ment in the work place is illegal and will not be tolerated. Sexual harassment is a work-related problem. While avenues of redress are available through the U. S. Equal Employment Opportunity Commission, effectiVe relief is also available within County government through the Department of Person- nel. Employees may address complaints to their department head or directly to the Director of Personnel. Employees are encouraged to use!these procedures to resolve any sexual harassment difficulties. P-40 COURSE REIMBURSEMENT - CLASSIFIED EMPLOYEES While the primary purpose of staff d~velopment funds is to provide training to groups of County empl0~ees on an internal basis, the need to take job related courses on an individual basis is also recognized. When individual course work is taken, the following criteria shall apply relative to reimbursement: The content of the course is not something that would be covered under the County's staff development program. November 1, 1989 (Afternoon Adjourned Meeting) (Page 21) 180 The course is relevant to the individual's current position in the County and will improve skill in this position. The course is approved in advance by the principal or department head and Director of Personnel. 4. The course is taken outside of the normal working hours. Requests for course reimbursement should be made to the Director of Personnel prior to the semester in which the course is to be taken. Only one course per semester will be approved for an individual with additional courses per year being approved only as funds are available up to a maximum of $100 per fiscal year. Upon receiving proof of a passing grade, reimbursement will be made for the tuition cost for up to a maximum of three credits. This policy is not meant to fund general education requirements leading toward a degree. P- 41 ADVANCED STUDY The Board encourages its professional staff to pursue advanced degree programs which serve to improve the skills of the staff members and enhance their employment with Albemarle County. To this end, the Board has established consistent procedures to assure the appropri- ateness of the course of study to the particular position and the amount of release time and payment involved in the achievement of the degree. Procedure for Compliance for Advanced Study Approval of Programs Staff members whose positions require a minimum of a bachelor degree and who intend to pursue an advanced degree program masters level and above) should make an appointment to review this program with the Director of Personnel. Approval for the program will be based on the following: 1. Relevancy of the program to present position 2. Benefit to the County in meeting future staffing needs 3. Recommendation of the Department Head The Director of Personnel will either approve or disapprove of the proposed study in writing, indicating the reasons for the decision. If the proposed program of study is disapproved, it will not lead toward payment of a stipend for advanced degrees. Appeals of these decisions may be made in writing to the County Executive whose decision will be considered final. B. Release Time for Study Employees may take course work during their regular working hours within the following conditions: A written request for release time must be submitted to the County Executive outlining the number of courses to be taken, the amount of time beinglrequested, and the specific schedule of work/study to be followed during the particular semester. ~ The salary of the individual being released will be affected as follows: 3 credit hours - 10 percent reduction or a plan agreed to with the CountM Executive/Designee or compensatory time 6 credit hours - 20 percent reduction 9 credit hours - 30 percent reduction November 1, 1989 (Afternoon Adjourned Meeting) (Page 22) 181 In no event will the amount of release time be approved in excess of nine semester hours. Employees needing more time for study should explore the possibility of a sabbatical leave or leave without pay. Only two such proposals for release time may be approved for any particular semester during the school year. Applications should be submitted in accordance with the following: 1. By October 15 for release during the Spring semester 2. By April 15 for release during the Summer months 3. By July 15 for release during the Fall months Decisions on release time will be made with consideration for the ability of the department to function without the person who will be on release time. C. Advanced Degree Stipends Staff who anticipate completion of an approved advanced degree should notify the Director of Personnel by March 15 of the year preceding the year in which the degree is to be conferred. In order to receive payment, a copy of the official transcript awarding the degree must be sent to the Director of Personnel. Stipends will be available for the following approved courses of study: A. Masters Degree B. Masters + 30 (Defined as 30 graduate hours beyond the Masters) C. Doctorate Stipends will be paid in the amount of $1,000 per advanced degree. P-60 SALARY ADMINISTRATION AND POSITION CLASSIFICATION The Pay Plan adopted by the Board will be directly linked to the Classification Plan and will be based on the principle of equal pay for equal work. The Board will maintain a salary administration program which will provide for payment of salaries and for recognition of and reward for differences in individual ability and performance. Procedure for Salary Administration and Position Classification Class specifications are written descriptions of each position which include general statements of the duties, responsibilities and qualifications necessary for that position. A class speci- fication will be developed for each position and will be reviewed on an annual basis by the department head or designee to assure that it is an accurate reflection of that position. Like classifications will be groupedlin terms of common elements such as: 1. Knowledge and training required. 2. Difficulty and complexity of duties. 3. Responsibility for supervision. This grouping will be determined by a system of point values arrived upon in the analysis of each job. It is the responsibility of the department head/designee to maintain equitable and properly evaluated positions within his/her department. Newly created positions or major changes in the functions or responsibilities of!an existing position shall be reported to the Personnel Director in order to initiate an evaluation study to establish a new position or reclassify an November 1, 1989 (Afternoon Adjourned Meeting) (Page 23) 182 existing position. Such requests must be received by October 1 of the year preceding the year in which the recommendation would be funded. All job evaluation ratings must be approved by the Personnel Director in conjunction with a Deputy County Executive prior to placement on a salary range. Salary ranges consisting of a minimum and maximum salary will be established for each class of positions based upon information about similar positions in the community and, where appropriate, compared with similar positions within the state as well as the policies of the Board. The Personnel Director will ensure that the plan is kept current through periodic reviews and comparative studies of pertinent factors affecting levels of pay. Entrance Pay Rate The entrance pay rate shall normally be the minimum rate in the pay range prescribed for the class. Under no circumstances will an employee receive an entrance pay rate below the minimum rate prescribed for the class to which he is placed unless he is on probationary status. In no case will this be more than 10 percent less than the minimum. Pay Rate Adjustment - The following personnel actions shall affect the pay status of an employee in the manner described. Promotion - When an employee is promoted from one class to another having a higher pay range and additional responsi- bilities, the employee shall receive an increase of ten percent. If the employee's current rate of pay is below the minimum for the higher class, his/her pay shall be increased to the minimum rate of the higher class. Promotions can only occur if: There is a vacancy in the higher pay range, or If additional positions in the higher class are approved in the budget cycle for implementation in the next fiscal year. Demotion When an employee is demoted from one class to another having a lower pay range, the employee shall be placed within the lower range, providing at least a ten percent reduction in pay. When an employee is demoted for administrative purposes through no fault of the employee, his/her pay shall remain the same until the range has been adjusted to accommodate an adjustment in rate. Reclassification - When an employee is reclassified from one range into another higher range~ the employee will move ahead on the new scale to a level equivalent to two steps on their current scale or to the "A" Step on the new scale, whichever is greater. This is to prevent the compression at the beginning of the scale of senior employees whose posi- tions are reclassified upward. Temporary work in a higher classification - Ail permanent employ- ees who are assigned temporary work in a higher capacity shall be paid the minimum rate of the higher Classification (but no less than two steps above their regular rate) for those hours of such assignment which exceed 80 consecutiee hours. These temporary assignments with higher pay may be made only in situations when the work requires the designation of an employee in the higher classification by the department head or County Executive and are not intended to bei~ade for casual assignments of supervisory or administrative responsibility. 18~3_ November 1, 1989 (Afternoon Adjourned Meeting) (Page 24) P-61 P-62 OVERTIME/COMPENSATORY TIME POLICY Compensatory time is defined as leave time granted in lieu of compensation for time worked over and above the regular work schedule. It is understood that such additional time is worked at the direction of the department head or designee. The Fair Labor Standards Act establishes a means by which overtime/compensatory time is adminis- tered. The County Executive will approve a listing of positions that shall be considered exempt from the FairLabor Standards Act. This list will be housed in the Personnel Office and will be updated as necessary. All other positions will be Considered as covered under the Fair Labor Standards Act and shall have overtime hours adminis- tered as follows: Compensatory time will accrue for all hours worked over the normal 40 hours per work week period (28 days for law enforce- ment). The County Executive has established the official work week as extending from Saturday at 12:01 a.m. to Friday at 12 midnight. Hours that are paid, but not worked (i.e. annual leave, sick leave, holidays, etc.) will not count toward the base 40 hours requirement. Compensatory time meeting the above criteria will accrue at time and one-half for each extra hour worked. Compensatory time shall accrue up to a maximum of 240 hours for all employees covered under the Fair Labor Standards Act other than law enforcement; law enforcement officers shall accrue up to a maximum of 480 hours. Employees shall be given the choice of receiving payment or compensatory time for overtime hours worked. Department heads have the responsibility of assuring that compen- satory time shall be used within one year after it has been earned. Upon termination, employees covered by the Fair Labor Standards Act shall be paid for unused compensatory time; likewise hours accumulated over the established maximum will be compensated for monetarily. Employees who are transferring to another department or who are promoted from a nonexempt into an exempt position shall, prior to assuming the new position, reach an agreement with their department head to either take their accumulated compensatory time off or be paid for the balance. In either case their compensatory time balance must!be zero when the new posi- tion is assumed. Travel time: When employees are required to attend meetings or conferences that occur outside of the county and which require travel time, compensatory time/overtime shall accrue for hours involved in the actual travel and training/meeting. Department heads/principals are responsible for documenting such time. Employees who are declared exempt from the Fair Labor Standards Act shall not accrue compensatory time nor will they be eligible for payment for hours worked over the regular work week. This does not, however, preclude department heads using their discretion in granting time off to exempt employees in recognition of time worked beyond normal work schedules. Department heads/designees are encouraged to manage compensatory time whenever possible within the official 40 hour work week, i.e. if an employee works more than eight hours one day, have them take off the extra time that week. When this is not feasible, department heads/designees may mandate when the compensatory time shall be utilized as long as it is within the reasonable time period designated by the County, i.e. one year from when it was accumulated. November 1, 1989 (Afternoon Adjourned Meeting) (Page 25) Department heads/designees may require that employees work overtime to meet the needs of the department. Whenever possible, notice of this requirement will be provided in advance so that the employees can arrange their personal schedules. Child Protective Service Child protective service workers serving on-call are entitled to compensation as approved by the County Board of Social Services; described as follows: For all workers covering on-call responsibilities, one hour of compensatory time will be given for each eight hour shift of stand-by-duty. When a worker is actually calle'd out to provide direct door-to-door service for more than two hours in any eight hour shift, he or she will be compensated at one and one- half hours for each hour spent in the field. No worker shall receive both stand-by and door-to-door compensation in any one eight hour shift. P-63 A. VOLUNTARY EARLY RETIREMENT INCENTIVE PLAN (VERIP) Eligibility Participants in the Albemarle County VERIP must meet the follow- ing requirements: Be eligible for early or full retirement under the provi- sions of the Virginia Supplemental Retirement System (VSRS). Have been employed by Albemarle County for 10 of the last 13 years prior to retirement, be at least 55 years of age and currently employed. Employees retiring under the disability provisions of VSRS and/or Social Security shall not be eligible for the VERIP. Benefits VERIP benefits shall be paid monthly for a period of five years after retirement or until age 65, whichever comes first. 2. Benefits under VERIP will be calculated as follows: Compute the annual VSRS benefit under plan A or B as indicated by VSRS. This computation shall include any reductions for early VSRS retirement if appropriate. Recompute the annual VSRS benefit with the addition of five more years service or the number of additional years needed to reach age 65, whichever is the lesser. The difference between these two calculations shall be the annual VERIP benefit t? be paid on a monthly basis. The employee has the option of ~aking the total amount of the five years' payment over a three-year period. The hospitalization coverage paid b~ the County will be for the three-year period only. ~ The County Executive will recom~end to the Board an annual adjustment to the early retirement benefit after having been apprised of the VSRS adjustment~for retirees. This will be done during the budget preparat{on cycle for the ensuing fiscal year. 1 85~ November 1, 1989 (Afternoon Adjourned Meeting) (Page 26) The Board will pay the employee the equivalent of single membership in its hospitalization plan as long as the employee is covered by VERIP benefits. C. Application Applications for VERIP must be made to the County Executive prior to December 1st of the year preceding the fiscal year the VERIP takes effect. D. Approval The Board, on the recommendation of the County Executive, must approve all those who will participate in the VERIP. E. Duration Once an employee has been approved for VERIP, the benefits will continue without interruption as outlined in this policy. Subsequent alterations or deletion of this policy shall not affect the benefits of those who have retired under these provisions. This policy automatically continues on May 1 unless the Board acts to discontinue the policy for another year. P-64 RETIREMENT PAY/PAYMENT UPON DEATH In recognition of employee service to Albemarle County, employees who are eligible to retire under the Virginia Supplemental Retirement System shall be paid upon their retirement $200 per year for each year of service to the County up to a maximum payment for 25 years of service. Payment to Spouse/Estate The surviving spouse or the estate of an active employee who dies shall receive payment for the former emplpyee's years of service at the rate of $200 per year for each year of continuous permanent employment. P-80 ABSENCES The Board shall endeavor to keep attendance of employees at a maximum and absences at a minimum. The BOard recognizes that absences are unavoidable and inevitable and, therefore, allows certain absences and absence payments. The Board will establish policies which are meant to maintain the highest possible efficiency. Allowance will be made to permit bona fide absences, and prevent employees who have been ill from becoming a hazard to other employees by returning to work too soono Procedure for Compliance for Absences A. It will remain the right of the department head/designee and the County Executive or designee to: Authorize, or refuse to authorize in exceptional cases, the advance request of an employee for permission to be absent. 2. Investigate absences. 4,' Deny leave payment for absences in violation of any Board policy. Impose reasonable disciplinary panalties upon employees who have abused their leave privileges and who violate the provisions of the "Responsibilities of Employees" section of this policy. 188 November 1, 1989 (Afternoon Adjourned Meeting) (Page 27) B. Responsibilities of Employees Every employee of the County has the following obligations and responsibilities concerning absence. Request for Leave - When the need for being absent from work is known in advance, the employee must notify his/her immediate supervisor as far in advance as possible on the Leave Request form provided by the Personnel Office. Notice of Unexpected Absence When an employee who has not given advance notice finds that he cannot report to work, the employee must notify his/her supervisor prior to start- ing time or within 30 minutes of the regular starting time. Police department and Joint Dispatch Center employees are governed under a separate departmental procedure. Upon returning to work the employee must complete a Leave Request form as a record of absence. Failure to Give Notice - Failure to give the notice required shall constitute cause for a reasonable disciplinary penalty including cause for denial of absence pay allowance. Unless an absence has been authorized in advance or an absence is unavoidable, every employee shall be expected for his/her scheduled work. C. Employees Returning to Work After Illness When an employee returns to work after absence due to illness, the employee may be requested to submit a physician's release certifying proof of illness and/or that he/she is well enough to return to work. This requirement may be met through a referral by the department head to the County Physician or the employee's physician. In such instances the employee will be advised of the requirement prior to the employee returning to work. Absences for urgent personal business or bereavement or illness will be granted at the discretion of the immediate supervisor and in compliance with Board policy. The Board recognizes the duty of every citizen to serve on a jury when requested and will allow paymen~ for the daily rate of pay for each day of jury service less the compensation paid by the Court for such service unless the employee is on bona fide annual leave. Employees are expected to give notice of jury duty and to report to work when jury is not in session. Workman's compensation will be paid in accordance with law, i.e. at two-thirds salary. The Board will, however, pay the full salary of the employee with one-thir~ of a day being charged to the employee's sick leave and the wo~kman's compensation payment being reimbursed to the County. !4 P-81 Military leave of absence will be gr~nted by the Board in accord- ance with existing State and Federal 'statues. HOLIDAYS year. All permanent employees are allowed eleven paid holidays per 1. New Year' s Day - January 1 ~!~i'.~ 2. Lee-Jackson-King Day - Third Monday in January 3. President's Day (Washington's Birthday) - Third Monday in February ~ 4. Jefferson' s Birthday April 13 5. Memorial Day - Last Monday in May! 6. Independence Day - July 4 7. Labor Day - First Monday in September 8. Thanksgiving Day - Fourth Thursda~ in November November 1, 1989 (Afternoon Adjourned Meeting) (Page 28) 9. Friday after Thanksgiving 10. Christmas Eve - December 24 11. Christmas Day - December 25 Other holidays are granted by special proclamation of the Gover- nor and/or Board of Supervisors. Permanent employees are eligible for holidays with pay as soon as they begin work. If a holiday falls on a Sunday, the following day will be observed as a holiday. If a holiday falls on a Saturday, the previous day will be observed as a holiday. If a holiday falls within the employee's vacation, it is not charged to that employee's annual leave. HOLIDAY PAY Employees who are terminating employment with the County will not qualify for holiday pay unless they work the next working day after the holiday. NOTE: The above-noted holidays, while being followed by the majority of employees, are not guaranteed as to specific dates. Under some situations, due to coverage requirements, the holidays for an individual employee or group of employ- ees may be scheduled by the department head on alternate dates as long as the total number of holidays per year is granted to the employee. P-82 LEAVE OF ABSENCE Note: This policy remains in effect as originally adopted on October 9, 1985. P-83 MILITARY LEAVE All employees of the Board who are members of the organized reserve force of any of the armed services of the United States or of the National Guard shall be entitled to Ieaves of absence for their respective duties without loss of seniority, accrued leave or effi- ciency rating on all days when they are engaged in annual active duty or training or when called forth by the Governor of Virginia pursuant to the provisions of Section 44-75 of the Code of Virginia or by the President of the United States. There shall be no loss of pay during these leaves of absence, not to exceed fifteen calendar days per Federal fiscal year (October 1 - Septembe~ 30). When relieved of this duty, these employees shall be restored to comparable positions they held when ordered to duty. All fringe benefits to which these employ- ees were entitled prior to military leave,shall be restored to include the rate of annual leave accumulation end,seniority. P-84 VACATION LEAVEi Ail permanent employees of the Count~ shall be granted vacation leave by the County as follows: A. One day per month for each month employed during the first five years of continuous employment. B. One and one-quarter days for each month employed during the sixth through the tenth years of continuous employment C. One and one-half days for each month employed during the eleventh and succeeding years of continuous employment The maximum accumulation for annual leave is 36 days. Accumulated paid vacation will be paid to the employee upon termination of employment. 1 8 ~8 November 1, 1989 (Afternoon Adjourned Meeting) (Page 29) Employees are required to arrange use of paid vacation in advance with their department head or designee. In case of a conflict because of the work schedule in a particular department, leave will be granted at the discretion of the department head or designee. In the interest of fostering wellness and relaxation for County employees, those employees with five or more years of service must take at least five days of vacation leave per fiscal year. P-85 SICK LEAVE/ACCEPTABLE ATTENDANCE Albemarle County recognizes that its employees may need time away from his/her position to remain at home due to personal illness or illness in his/her immediate family which requires his/her presence. The immediate family is defined as the employee's or spouse's chil- dren, parents, siblings and grandparents.~ In such instances, it is the Counfy's desire to provide a program of paid leave to cover such circumstances. It is also necessary, however, for employees to realize that absenteeism problems hinder the efficient operation of a County department and its delivery of serVices to the public. There- fore, an attendance criteria is established which emphasizes that: The primary purpose of sick leave is to provide for paid time in the event of long term illnesses. Employees must accumulate sufficient balances to cover this possibility. Sporadic absenteeism, i.e. time lost that is not due to long term illness, must be limited in order to maintain efficient operations. Satisfactory attendance is a minimum expectation for all County employees. There should be a consistent criteria upon which to make judgments about employee attendance. When an unsatisfactory pattern of attendance exists, the problem must be identified and rectified. Judgments regarding absenteeism problems will be made by examin- ing patterns of usage. Abuses will be handled through the normal evaluation and disciplinary procedures of.the County. Ail personnel shall earn sick leave days at the rate of one day per month (permanent full-time) of employment or major fraction thereof (permanent part-time) with no maximum on accumulation. Sick Leave Bank The County will maintain a sick leave bank to be used when a member of the bank becomes incapacitated by long-term illness or injury as long as one-third of the eligible members agree to partici- pate in accordance with the terms contained herein. Membership in the sick leave bank shall be voluntary and open to all eligible personnel who accrue sick leave. Each employee of the Board who accumulates sick leave is eligible for membership and may become a member by donating one day of sick leave upon joining and one day thereafter iwhenever an assessment is required. Requests for leave time from the ban~ must be made in writing by the employee or his/her representative in ~advance of the absence for which the extra days are to be granted. ~equests cannot be made retroactively. Requests must be supported by a mediclal doctor's certificate. The Director of Personnel is designated as the administ-rator of the sick leave bank. November 1, 1989 (Afternoon Adjourned Meeting) (Page 30) A. Enrollment Procedures An e~igible employee may enroll within the first 30 days of employment. An employee who does not enroll when first eligible may do so between any subsequent September 1 to October 15 period by making application and providing satisfactory evidence of good health to the Board. Enroll- ment the first year the bank is in existence will be for any eligible employee who fills out the appropriate form and submits this f.orm to the Board within the initial enrollment period. Membership in the bank may be earned by contribut- ing one day of sick leave upon joining and one day there- after whenever an assessment is required. The donated days of leave will be deducted from the donor's accumulated days of sick leave. B. Rules for Use The first twenty consecutive working days of illness, or disability will not be covered by the bank, but must be covered by the unit member's own accumulated leave or leave without pay. This requirement may be met in cases in which twenty days of absence, although not consecutive for the same illness/injury, occur within 30 working days. Requests for use of the sick leave bank must be made in writing by the employee or designee prior to the absence for which the leave days are to be used. A maximum of 45 working daYs each year can be drawn by any one member. Days drawn from the bank for any one period of eligi- bility must be consecutive, except additional periods of disability resulting from recurrence or relapse of the original illness which will be covered fully on a continuing basis up to the annual maximum of 45 days. Otherwise, members must return to work and must meet the requirements of Item B.1. before becoming eligible to utilize sick leave bank benefits again. A member of the bank will not be able to use sick leave bank benefits until the employee's sick leave time declines to zero. Members of the bank will be assessed additional days of sick leave at such time as the bank is depleted to 200 days, unless they choose not to participate further in the bank. Members who have no sick leave to contribute at the time of assessment will be assessed this day by October 1 of the following year. Members utilizing sick leaVe days from the bank will not have to replace these days except as a regular contributing member of the !bank. C. Termination Upon termination of employment or membership in the sick leave bank, a participating employee may not withdraw the days he/she has contributed to the bank. Extraordinary Sick Leave In certain circumstances such as a long period of illness or recuperation, an employee may not have a Sick leave balance large enough to cover the period of absence. In such a case, the employee will be placed on annual leave, then on leave without pay. Employee's insurance benefits will be treated as described in the Leave of Absence regulations. November 1, 1989 (Afternoon Adjourned Meeting) (Page 31) Death in the Immediate Family Up to three paid working days per fiscal year (July-June) can be charged against sick leave when necessary because of death in the immediate family. Absence in excess of three days per fiscal year shall be deducted from annual leave/compensatory time. Acceptable Attendance Acceptable attendance shall be defined as not missing more than two percent of one's available work time in any fiscal year for reasons of personal illness or illness in family. Absences which are for extended illness, i.e. more than seven consecutive days and certified by a physician, are excluded from this total. For monitor- ing purposes the following standards will apply: Up to two percent of available work time: satisfactory (for full-time employees this is five days). Over two percent and up to four percent of available work time: monitor the situation for possible problem/ determine whether a pattern exists/counsel with employee. Be Over four percent of available work time (if a~pattern exists): unsatisfactory attendance. Employees shall have the reasons for absences in excess of four percent of available work time documented on their final evaluations in order to provide the basis for whether a pattern exists in ensuing years. A pattern will consist of a review of the employee's leave usage over a three year period, i.e. the current and two previous fiscal years. It is understood that in a particular year several illnesses, illness of an employee's children, or a death in the family may result in more than five days absence. Employees should be informed by their supervisors on a regular basis of the amount of time that has been used for sick leave. The Board recessed at 3:05 P.M. and reconvened at 3:25 P.M. Not Docketed: Mr. Way handed out copies of the letter mentioned previ- ously. He said if any Board members had suggestions, he would be glad to have them. Mr. Bowie said the deadline for scheduling to speak at the public hearing for a new president is November 10. He suggested that a third para- graph expressing the Board's desire to offer input be added to this letter. Agenda Item No. 5. Discussion: Recreatidnal Facilities Authority. Mr. St. John said the State Code requiresiithat the names of members, their addresses and their terms be advertised in the ordinance before it is enacted. Mr. Agnor had been requested to determine suitable terms. Mr. Agnor said he had started with the assumption that there would be nine members. He handed out a draft showing three year terms for three people, two year terms for three people, and one year terms for three people. By 1993, three members would be appointed each~year. He said Mr. Lindstrom had suggested four year terms, but that had not worked out as smoothly as the three year term schedule. Mr. Way said he had~no problem with the three-year terms. : Mr. St. John noted that there is no restriction on who can be appointed to this authority. The members can be employe~s or officials of the local government. ~, Mrs. Cooke said a representative from the League of Women Voters present today had asked what the express purpose of the~ authority would be. She asked that the purpose be read into the record. Mr. Bain then read the following: November 1, 1989 (Afternoon Adjourned Meeting) (Page 32) "The purpose for which the public recreational facilities authority is created is to accept, hold and administer open space land and interest therein under the provisions of Chapter 17 of Title 10.1 of the Code of Virginia, as specifically prescribed by Code Section 10.1-1701." Mr. Lindstrom asked how the Articles of Incorporation can be amended. Mr. St. John said they can be amended by the governing body so long as the amendment does not impair any outstanding obligation of the authority. Mr. .dstrom asked how the authority would be abolished. Mr. St. John said there is a provision in the code for abolishment of the authority. It appears that it can only be abolished by itself. It has to apply to the governing body to be abolished, and then announce that its purposes have been served and its obligations have been paid off. Mr. St. John said that this is a more significant step than the Board may intend it to be. He said it is true that the purposes of this authority are limited in the proposed resolution establishing the authority. However, he said, the Board should understand that the purposes delineated are only an ancillary appendage to the real purposes of an authority of this kind as set out in the Code of Virginia. The real purpose of establishing an authority is to construct or create and administer projects, of which there is a long list such as coliseums, auditoriums, parks, race tracks, fairgrounds, etc. He said this authority is empowered by the Code to do certain things, the first one of which is to issue bonds to construct any or all of these projects, and the bonds shall not be chargeable to the taxing power of the County. However, because anything this authority would create would be a public facility and it cannot be built under Code Section 15.1-456 without the Supervisors finding that it is in accord with the Comprehensive Plan, in Mr. St. John's opinion, the Board of Supervisors has absolute control over what this authority does. It could not become a "run away" authority. For all practical purposes, the authority can be limited to the purposes set out here. Having created the authority, Mr. St. John said the time is likely to come when this authority will be used for some of the larger purposes just described. An amendment to the resolution would have to be made in order to do that, however. He said if this authority is put in place, it is likely to be a first step toward the ultimate granting of full powers to the authority. Therefore, the members appointed to this authority should have ability to deal with the eventual powers. In response to a question from Mr. Bain, Mr. St. John said that the public facilities authority act gives such an authority a "clear field". However, the restriction in the language of the resolution is certainly precatory of the purposes. He said whether that is legally enforcable or not, a judge has not decided yet. The Board's real/control over the authority is not' in this Act, but in the planning and zoning chapter of the Code. Mr. Bain asked if that is so even when it is specifically stated that the authority would not have the power to do certain things.~ Mr. St. John said the Code reads that such an authority "shall be empowered to issue bonds .... " That language is in the Code. He said no one would'buy bonds should they be issued by the authority with the language of the resolution as it stands. He said the worst thing that could happen would be that the authority itself would go to court and have a judge declare the language~in the resolution unenforcable and void. In that case, the question would beilwhether an authority would even exist. Practically speaking, Mr. St. John said the Board is safe in estab- lishing this authority just to hold these easements. Mr. St. John said it would be necessary t~ explain to the public when an easement is to be conveyed to this public facilities authority, that no member of the public has a right to set foot on that easement. The word "public" in the name of the authority will require some explanation. Mr. Way asked what else is needed for public hearing once the appointees are decided upon. Mr. St. John that is all that is needed, provided the terms have been agreed upon. I Mr. Lindstrom said the three-year terms work the best. He wondered if the Board wanted to put a restriction on membership that a member of the Board of Supervisors not be eligible to serve while in office. Mr. Bowie said he did not see why Board members could not serve if they qualify. Mr. Lindstrom said the point was to try to keep the decisiOn regarding the release of open space easements removed from the political arena. Mr. Bain agreed that three-year terms were best. November 1, 1989 (Afternoon Adjourned Meeting) (Page 33) Mr. St. John said the notice is to contain the proposed resolution, and the resolution is supposed to contain names of .the members. Mr. Bowie said he is not prepared to give names today. Mr. Lindstrom said he is concerned that this resolution be adopted to coincide with the zoning ordinance amendments the Board has been discussing. He said he would like to be a member of this authority. He asked what would be the effective date of the zoning ordinance amendments. Mr. Keeler said staff recommended that the amendments be effec- tive immediately, with the exception of subdivision plats that are in hand. He said there are two special use permits which cannot go forward under the proposed zoning ordinance amendments, and it is requested that the Board dismiss those. He said the public hearing is scheduled for tonight. He said the zoning ordinance does specifically refer to the public recreational facility. Mr. Way said the Board needs to decide what term the members will serve. Motion was immediately offered by Mr. Bain and seconded by Mrs. Cooke to set three-year terms for nine members, exclusive of members of the Board of Supervisors. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. Mr. Way said the next step is to prepare for the public hearing and asked that Board members have names for prospective members available at the November 15, 1989, meeting. Agenda Item No. 6. Resolution Ratifying Award of School Bonds. Mr. Agnor said the final resolution in the bond process needs to be adopted by the Board. The school bonds sold for a net interest cost of 6.91 percent. He pointed out that the anticipated rate was seven percent. In response to Mr. Bain's question regarding the payment schedule, Mr. Agnor said that VPSA sets the schedule to coordinate with the payment schedule of other bond issues VPSA has. Motion was offered by Mr. Bain and seconded by Mr. Bowie to adopt the resolution on the Virginia Public School Authority Bonds with the interest rate as set forth in the attachment to the resolution and discussed. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. NAYS: None. RESOLUTION RATIFYING AWARD OF $13,675,000 SCHOOL BONDS, SERIES OF 1989B, OF ALBEMARLE COUNTY, VIRGINIA, TO VIRGINIA PUBLIC SCHOOL AUTHORITY AND AMENDING CERTAIN TERMS OF THE BOND RESOLUTION WHEREAS, by resolution adopted on September 20, 1989 (the Bond Resolution), the Board of County Supervisdrs of Albemarle County, Virginia (the County), provided for the issuance of $13,675,000 School Bonds~ Series of 1989B (the Bonds), of the County to the Virginia Public School Authority (the Authority); WHEREAS, such resolution authorized the County Executive to award the Bonds to the Authority at such interest rate or rates as would produce a differential in each year of not more than one-tenth of one percent (1/10 of 1%) over the annual rate to be paid by the Authority on the bonds it sold to provide funds to purchase the Bonds, provided that the true interest cost to the County should not exceed 9% per year; WHEREAS, the final form of the Authority's offer to purchase the Bonds called for the Bonds to mature in years and amounts different from the years and amounts approved by the Bond Resolution; 193~ November 1, 1989 (Afternoon Adjourned Meeting) (Page 34) WHEREAS, on October 20, 1989, the County Executive on behalf of the County awarded the Bonds, bearing interest at the annual rates and maturing on December 15 in years and amounts as shown on Exhibit A hereto, to the Authority; WHEREAS, the Authority has requested the County to modify certain provisions for the payment of the Bonds while held by the Authority; and WHEREAS, it is necessary to amend the Bond Resolution to carry out these changes; BE IT RESOLVED BY THE BOARD OF COUNTY SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The action of the County Executive in awarding the Bonds to the Authority is hereby ratified, approved and confirmed, and the Bonds shall bear interest at the annual rates and shall mature on December 15 in years and amounts as shown on Exhibit A. 2. The second and third sentences of paragraph 8 of the Bond Resolution are hereby amended to read as follows: While the bond is held by the Authority in such form, principal of and interest on the bond payable prior to December 15, 2009, shall be paid to the Authority in immediately available funds by 11:00 a.m. on the payment date (or on the preceding business day if such payment date is not a business day). Principal of and interest on the bond payable on December 15, 2009, shall be payable in immediately available funds upon presenta- tion and surrender thereof at the principal corporate trust office of the Registrar. 3. The Bonds and the Bond Sale Agreement between the County and the Authority providing for the issuance of the Bonds shall be in substantially the forms approved by the Bond Resolution, with such changes as may be necessary or appropriate to conform them to the provisions of this resolution. 4. Except as amended hereby, the Bo~d Resolution is hereby ratified and confirmed. ~ 5. This resolution shall take effect immediately. EXHIBIT A Year Amount Rate Year Amount Rate 1990 $ 465,000 6.80% 2000 $ 570,000 7.10% 1991 830,000 6.80 2001 635,000 7.10 1992 875,000 6.80 2002 535,000 7.10 1993 890,000 6.80 2003 485,000 7.10 1994 1,025,000 6.80 2004 675,000 7.10 1995 585,000 6.80 2005 635,000 7.20 1996 715,000 6.85 2006 630,000 7.20 1997 705,000 6.85 2007 635,000 7.20 1998 700,000 6.85 2008 655,000 7.20 1999 815,000 6.85 2009 615,000 7.20 Agenda Item No. 7a. Work Session: ZTA-89~13. Rural Area Amendments. Mr. Ron Keeler, said the discussion at the last meeting left off with Page 18, Item f. He said this language refers to perpetual easements. He said it is assumed that even with a perpetual easement in place, it would not preclude exercise of eminent domain powers by the Highway Department or other public agencies as to land. Mr. Lindstrom said the easements do that if they are held by one of the requisite agencies under the Open Space Act. The Public Recreational Facilities Authority the BOard is in the process of creating is qualified to do that. He said the=Act does not allow release of November 1, 1989 (Afternoon Adjourned Meeting) (Page 35) those easements just because another agency wants to acquire that land for some State purpose unless the findings of the statute can be met. Mr. Lindstrom felt it would be better to take out the reference to eminent domain because the statute would cover that. He said he is concerned that this language might imply a diminishment of the state protection accorded to that land, which the Board does not mean to do. The consensus of the Board was to delete "except by exercise of eminent domain by a public agency" under Section 10.3.3.3.f. Mr. St. John said when that language is taken out, the power of eminent domain is still in any agency which has been granted that authority by State Code. He said he thought that change would be fine. Mr. Keeler then read the language applicable to the pUblic recreational facility. Mr. St. John said the sentence should say "the County of Albemarle" instead of "the Board of Supervisors". The sentence should read, "These restrictions shall be guaranteed by perpetual easement accruable to the County of Albemarle and the Public Recreational Facility Authority of Albemarle County in a form acceptable to the Board." Mr. Keeler said it is anticipated that the application form for perpetual easements will be a standard form. He said the next sentence would make the Director of Planning the agent for the Board to accept the easements. The reason is so the Board will not have to meet to sign a document each time one is received. He suggested that the Public Recreational Facility Authority may want to consider making the Director of Planning its agent as well. It was agreed that the last sentence should say, "Thereafter, such easement may be modified or abandoned only by mutual agreement of grantees to the original agreement." Mr. Lindstrom asked if there is anything in this ordinance to prevent a grantor from stipulating that he or his successors must consent to any release of the easement. Mr. St. John said it does not prohibit that. He said the question would then be whether this Authority and the County would accept an easement like that because it absolutely ties the hands of the authority and makes its judgment subject to the veto power of a private individual. Mr. Lindstrom said if someone put an easement on his property before this ordinance was adopted, could they then decide to develop using the cluster provisions. Mr. Keeler said he thought so. I.f it is concluded that the landowner could have clustered anyway, having an easement in place would not preclude him from pursuing the cluster option. Mr. Keeler said staff would not want to penalize a citizen for doing something that they are being encour- aged to do by the zoningl~ ~°rdinance'j~ ~ /'b~.~-~~/~, Mr. Lindstrom said~ development rights cannot be given up even if an easement is placed on the land, if any port$on of the parcel is retained. He said most people are.~Dfy concerned about how much of a tax deduction they · . . ~ ~c~ . w~ll get. ~ mt~ mmposs~ble to divest oneself of the development remaining on the land not placed under easement. Mr. Bain said it could be divided off as a separate parcel to avoid that problem. Mr. Lindstrom said then people with adjoining properties will not be allowed to slip their development rights onto the next parcel. Mr. Keeler said that is already spelled out in Section 10.3.3.3.c. Mr. Bowie said it could be handled by simply saying the development right has to be transferred at the time the easement is given. If it is not done then, it cannot be done. He said the whole purpose is to manage development. Mr. Keeler said that should be included ih Section 10.3.3.3.a. The Board agreed to add a sentence that, "No development?right shall be granted to any property subject to a conservation easement at the time of the existing date of the application hereunder inconsistent with~i~the terms of that easement." Under Section 10.5.2.1, Mr. Keeler said special use permits would be available only under two circumstances. One w6uld be for development of more lots than the total that can be done by right ~ither under the rural preserva- tion development or under conventional development. That special permit would not be available within reservoir watersheds. ~The other case is where the 20 development lots is exceeded within rural preservation development. Special permits would not be available for variations in lot size, for development of ~ovember 1, 1989 (Afternoon Adjourned Meeting) (Page 36) 195 multiple parcels, for more than five dwellings on one tract of land, or for extra lots in the reservoir watershed. The development of multiple parcels would be accommodated only under the rural areas preservation development. Variations of lot size would be available only under the rural areas preserva- - tion development. Under no circumstance could more than five dwellings be placed on one tract of land nor could additional lots be obtained in a reser- voir watershed area. Mr. Keeler noted some minor language corrections. For example, in Section 10.5.2.1.c, the distance from a village is clarified to mean actual road distance and not "as the crow flies". Staff had previously deleted the language in Section 10.5.2.9, regarding all the criteria for special use permits in reservoir watersheds. He said the ~Board might want to leave that language after all. It would be applicable for situations where more than 20 lots are requested for rural preservation development in a reservoir water- shed. Mr. Keeler said it may be better to have some language here just in case such a situation arises. Leaving it in would ensure consistent review in the reservoir watershed. The Board agreed that Section 10'.5.2.9, should not be deleted. Mr. St. John said the public hearing could be held on the language as written, and then present new language. Mr. Eindstrom said he would rather have the new language before hearing the ordinance. Mr. Way said the public hearing would be held tonight, and the ordinance could be adopted when new language is presented at the November 8 meeting. Mr. Perkins asked regarding Section 10.5.2.1.a, how that statement affects the designated growth area of Crozet which is within the boundaries of the watershed. Mr. Keeler said this would not affect that land because presumably it either carries development zoning or someone would request rezoning to a development designation. This would affect properties outside the growth area that drain to the Lickinghole Basin. They would not be eligible for a special use permit. He said heldid not know if the Basin was sized in anticipation of all that property being developed beyond the capacity that the ordinance allows. Mr. Perkins said suppose the tract of land there is currently zoned RA, but it is in the growthiarea in the watershed. Accord- ing to the Comprehensive Plan it could be developed to a higher density than this ordinance permits. Mr. Keeler said it wo61d just be rezoned and taken out of RA, and this provision would no longer be applicable. Agenda Item No. 8. Other Matters not Listed on the Agenda. Mr. Lindstrom handed out a booklet called; "An Analysis of the Fiscal Impact of The University of Virginia Real Estate Foundation's Proposed Research Park". He summarized the contents and asked that the item be placed on the November 15, 1989, agenda for further discussion. Mr. Lindstrom said the analysis of the impact of various types of devel- opment on the financial resources of local governments, and the consequences of those impacts on local property taxes, is an important aspect of local planning. Virtually all private development will result in an expansion of the local tax base. Whether or not the tax base expansion resulting from any given development will result in increased local tax revenues less than, greater than, or equal to the cost of public services resulting from such development is the question this analysis is d~signed to answer. Mr. Lindstrom pointed out that frequently impact analyses focus only upon residen- tial development. Because such analyses leave~out tax revenues and service costs generated by the business, industrial and commercial employment base which may be associated with residential develgpment, they describe only part of the picture. Mr. Lindstrom said the costs ~f public services resulting from residential development are normally much ihigher than the tax revenues generated by such development, and the fiscal impact analyses of residential - development often show negative fiscal impacts ion localities as a result. On the other hand, the service costs of other typ~s of land use such as commer- cial or industrial are normally less than the ~ax revenues generated by such uses. In order to accurately assess the fiscal impact of development in a community, any analysis should recognize and r~flect the relationship between residential development and any associated business, industrial or commercial development, i 196~ November 1, 1989 (Afternoon Adjourned Meeting) (Page 37) Mr. Lindstrom said one relationship which has been demonstrated is that net tax revenues resulting from business, industrial and commercial develop- ment help offset the net service costs normally associated with residential development. Another significant relationship between residential development and business, industrial and commercial development is that new residential development may result from business, industrial and commercial development. Business development in a community with a high level of unemployment may not result in an increase in population leading to increased residential development, particularly when new business is suited to the skills of the existing pool of unemployed labor or is willing to train the unemployed. Where the level of unemployment is low, however, it is likely that any new business development or expansion will result in an influx of new population resulting in increased residential development. For a number of years it has been urged that certain types of land development, such as industrial and commercial development, would increase Albemarle County's net tax revenues, allowing either a tax rate reduction or the provision of more services without raisin§ tax rates. The purpose of this analysis is to test whether or not this argument is correct. (Mr. Lindstrom left at 5:00 P.M.) Agenda Item No. 7b. Work Session: ZTA-89-05. Area and Health Regula- tions. Mr. Keeler said these are amendments to the area and health regulations. This is a cooperative effort with the Health Department. By policy when a piece of property is reviewed for a subdivision, the Health Department looks for two drainfields of adequate area to support a three bedroom dwelling. He said the County has no equivalent requirement for that in the zoning ordi- nance. Staff is recommending that the zoning Ordinance be amended to be consistent with the policy that the Health Department uses locally to require that drainfields be adequate to support a three bedroom dwelling. There was no objection by the Board to staff's recommendation. Agenda Item No. 7c. Work Session: ZTA-89-06. Critical Slopes. Mr. St. John said with regard to Section 4.2.3, Location of Structures and Improvements, that it applies to any improvement shown in the site plan ordinance. He pointed out that the site plan Ordinance applies to roads and utilities, etc. Mr. Keeler said he used the term "improvement" because there could be something that is not specifically li~ted in the section directly before this. Mr. St. John said he does not see why this section is necessary. He said it appears to be in direct conflict with the right to build roads, sewer lines, etc. because they are all improvements. Mr. Keeler said this section of the ordinance has caused trouble before because it only addressed structures that required building permits. He said there is a site plan ordinance where buildings cannot be located on,steep slopes, but the parking area could be. He said the intent is to spelli~out in Section 4.2.2 those things that are required to be confined to the building site. He said Mr. St. John has suggested that it is not necessary. .~here is nothing in the ordi- nance saying that on a single family lot that ~he house has to be built in the building site. ~ Mr. St. John said a bad case should not cause the County to pass a bad ordinance. He said the Zoning Administrator rnled that a parking lot is not a structure. He said the words plainly say thatlino improvement can be put anywhere except on a building site. Mr. Keeler suggested that the language could be changed in Section 4.2.3 to read, "Except as otherwise permitted pursuant to 4.2.6 and 4.2.2,. " Mr. St. John thought that would be better if the desire is to address every eventuality. Mr. Keeler said the intent is to.make clear what is applicable and what is not to eliminate confusion. Mr. St. John said his concern has been satisfied by Mr. Keeler's suggestion. 1 9,~7 November 1, 1989 (Afternoon Adjourned Meeting) (Page 38) Agenda Item No. 7d. Work Session: ZTA-89-07. Open Space-Character. Mr. Keeler said the purpose of this is to liberalize the open space provisions to include more land that is not suitable for development. The - problem in the past was that the developer had to put perfectly developable land into open space, whether or not that land was to be developed in active recreation. The recommendation is to require land in the open space where active recreation is required, but allow development of land that is develop- able. Otherwise, marginal land goes into the lots. This amendment will liberalize the open space provisions and give the Planning Commission the authority to require the developer to add land to the open space provided the total number of units he can achieve is not reduced. Mr. Keeler said developers are avoiding ~he planned residential develop- ment or the traditional cluster deVelopment because of the open space require- ments. Instead a bonus for an environmental measure in the ordinance is taken which gives a reduced lot size, and the open ~pace becomes voluntary. This means the provisions are too restrictive to make cluster developments or planned developments desirable approaches, i Mr. Keeler said he has given the proposed amendment to some consultants for comments, but has not heard a reaction yet. Agenda Item No. 7e. Work Session: ZTA-89-08. Expand existing uses in other districts into RA district. This item will be taken up at a later time. (Mr. Bowie left at 5:20 P.M.) Agenda Item No. 7f. Work Session: hospital as a use by-right in the PD-SC. later time. ZTA-89-09. Add veterinary office and This item will be taken up at a Agenda Item No. 7g. Work Session: ZTA-89-16. Height Regulations. This item will be taken up at a later time. Agenda Item No. 7h. Work Session: STA-89-2. Private Roads. This item will be taken up at a later time. Agenda Item No. 9. Adjourn. At 5:24 P.M., with no further business to come before the Board, the meeting was adjourned.